Legal Opinion
Han Soo Lee v. Riverhead Bay Motors
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2008PublishedCited by 4 opinions
1Opinion of the Court
*284While the trial court dismissed plaintiff Han Soo Lee’s claim for lost wages on other grounds, it misrepresented the law when it suggested to the jury that plaintiff was precluded from recovering lost wages because of his immigration status (see Balbuena v IDR Realty LLC, 6 NY3d 338, 362 [2006]). The court erred in failing to provide a curative instruction explaining that working in the United States without the proper documentation is neither a crime pursuant to the Immigration Reform and Control Act of 1986 (8 USC § 1324a et seq.) (see Balbuena at 361) nor a bar to the recovery of damages…
2Cases cited5 opinions
- Balbuena v. IDR REALTY LLCNew York Court of Appeals · 2006
- Holshek v. StokesAppellate Division of the Supreme Court of the State of New York · 1986
- DelValle v. White Castle System, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Escobar v. AllenAppellate Division of the Supreme Court of the State of New York · 2004
- McGee v. Family Care ServicesAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- Maliqi v. 17 East 89th Street Tenants, Inc.New York Supreme Court · 2009
- Moctezuma v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Moctezuma v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2023
- Angamarca v. New York City Partnership Housing Development Fund, Inc.Appellate Division of the Supreme Court of the State of New York · 2011